A court order barring use of an interim social cost of carbon could slow at least 38 pending rules from four agencies.
A judge’s order blocking the Biden administration’s application of an interim climate metric will cause sweeping delays in agency rulemaking and stall planned projects requiring new environmental reviews, a White House official said this weekend.
The social cost of carbon puts a dollar value on a metric ton of emissions and is used to assess the societal benefits of imposing stricter regulation of emissions of carbon dioxide, methane and nitrogen oxides. An initial tally by federal agencies revealed a wide-ranging impact from Cain’s order, including on rulemakings being drafted in response to earlier court orders that had required more thorough climate analyses.
These included environmental reviews for “several planned and potential oil and gas lease sales,” Mancini said. A spokesperson for Interior confirmed it was expecting delays in permitting—the approval of individual oil and gas wells—as well as leasing for its oil and gas programs in the wake of the court decision.
One example is BLM’s pending waste prevention rule for oil and gas development on public lands, which would tighten methane pollution controls on federal drilling and production. Other federal agencies also could face significant regulatory setbacks if Cain’s ruling remains in place. DOE, DOT and EPA Cain’s ruling will likely extend far beyond Interior. The Department of Energy said about 21 pending rules would be affected, while EPA counted at least five rules in an initial tally.
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